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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have taken custody of my son having consulted with the

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Hi, I have taken custody of my son having consulted with the school and the child services due to the fact his mother was admitted to hospital, I believe, under section, being detained due to severe depression and suicidal tendancies. I have arranged for him to attend the local school which he will start on Monday. My question is regarding the filling of the C100, do I state that there were child care concerns? Also, I need to apply for a decree Nisi and was going to apply for a clean break order. Am I still able to apply for these? Does she have any rights as a parent if she is being detained? What happens regarding signing documents if there is a signiture necessary?
Hi, thank you for your question. I am a qualified family law solicitor.
The mother still has rights to see the child even if she is detained but if you are submitting a C100 application (which I presume is for a Child Arrangement Order) her contact with the child will be dealt with through the court. You will need to submit a C1A form alongside the C100 to detail the child care concerns raised by the school and children services.
In relation to the divorce and financial relief matter this will be dealt with separately to the children matter and you are not prevented from applying for this and can do so at any time.
If the mother is detained in hospital you can serve her with any court documents there and she will have to deal with seeking advice if there is anything for her to sign (such as acknowledgement of service for your C100 application).
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HH Solicitor